WHERE WE ARE & WHAT WE’RE DOING Overlapping jurisdiction Cases arising under state law Concurrent state & federal jurisdiction Diversity cases What law applies?

SKILLS: READING CASES Guaranty Trust v. York, p. 276 Basics Why not easy case after Erie? Why reach S.Ct.? Black letter law “significantly affect result of litigation” apply state law

POLICY ARGUMENTS “Outcome determinative” Hypothetical, p. 278, Note 2 Why care? Stopping points?

SKILLS: READING CASES Byrd v. Blue Ridge REC, p. 281 Basics “Outcome determinative” under York? Black letter law

TAKEAWAYS Black letter law York “significantly affect result of litigation” if disregard controlling state law Byrd If state law doesn’t determine outcome isn’t bound up with substantive rts/obligations Federal court applies balancing test Value of uniformity v. state’s interest

TAKEAWAYS Federalism policy concerns Forum shopping Outcome-determination Federal interest in uniformity State “substantive” interests